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2026 DAILYLAW 13193 (KAR)

SRI RAVINDRA KUMAR RUDRAPADA v. THE STATE OF KARNATAKA

WP/34409/2025 · 2026-03-11

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14692 WP No. 34409 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 34409 OF 2025 (GM-FOR) BETWEEN: SRI RAVINDRA KUMAR RUDRAPADA S/O LATE RAM KRISHNA BHAT AGED ABOUT 52 YEARS R/O NO 2-169 RUDRAPPADA HOUSE AJJIHITHLU SULYA TALUK SUBRAMANYA VILLAGE AND POST KADABA TALUK DK DISTRICT PIN CODE 574238 …PETITIONER (BY SRI. SRINIVASA GOWDA B R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST ENVIRONMENT AND ECOLOGY, MS BUILDING BENGALURU- 560001 2. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST FOREST OFFICER (NODAL OFFICER) HEAD FOREST OFFICE ARANYA BHAVAN 4TH FLOOR, MALLESHWARAM, 18TH CROSS BENGALURU- 560003 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14692 WP No. 34409 of 2025 3. UNION OF INDIA THE CENTRAL EMPOWERED COMMITTEE GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT FOREST AND WILD LIFE II FLOOR, CHANAKYA BHAVAN, CHANAKYAPURI, NEW DELHLI- 110001 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- CALL FOR THE RECORDS FROM THE R2 AND 3.DIRECT THE RESPONDENTS NO. 2 AND 3 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER VIDE ANNEXURE-C, DATED 05.04.2025 AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. DIRECT THE 2ND AND 3RD RESPONDENTS TO EXPEDITIOUSLY CONSIDER/DECIDE OF THE APPLICATION / REPRESENTATION FILED FOR RENEWAL OF THE LEASE SUBMITTED BY THE PETITIONER VIDE ANNEXURE-C DATED 05.04.2025 IN THE INTEREST OF JUSTICE AND EQUITY., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:14692 WP No. 34409 of 2025 ORAL ORDER The captioned petition is filed seeking the following reliefs: "A. Issue a Writ of Mandamus or any other writ or order, directing the Respondents No: 2 and 3 to consider the application filed by the Petitioner vide Annexure-C, dated: 05.04.2025 as deems fit under the facts and circumstances of the case in the interest of Justice and Equity. B. Direct the 2nd and 3rd Respondents to expeditiously consider/decide of the Application / representation filed for Renewal of the lease submitted by the Petitioner vide Annexure-C dated: 05.04.2025 in the interest of justice and equity. C. Allow this Writ Petition with cost and pass such other order that this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 2. The petitioner claims to trace his rights through his father, who, pursuant to a grant order issued by the respondent authorities, was conferred a lease in respect of the land in question. It is asserted that the petitioner’s father was in lawful cultivation and enjoyment of the said land and had invested - 4 - HC-KAR NC: 2026:KHC:14692 WP No. 34409 of 2025 substantial amounts in developing the property by planting areca nut trees and other agricultural crops. According to the petitioner, the land constituted the sole source of livelihood for his father. It is further contended that upon the demise of his father, the petitioner has continued to cultivate the said land as the successor of the original lessee. In that background, the petitioner claims entitlement to seek renewal of the lease and has accordingly submitted a representation before respondent Nos.2 and 3 seeking consideration of his request. 3. Learned Additional Government Advocate, while opposing the petition, submits that the lease granted in favour of the petitioner’s father expired as far back as in the year 2002. Therefore, according to the State, the present claim seeking renewal at this belated stage is a stale claim and the representation - 5 - HC-KAR NC: 2026:KHC:14692 WP No. 34409 of 2025 submitted by the petitioner does not warrant consideration. 4. Though the submission made by the learned Additional Government Advocate merits consideration, this Court cannot lose sight of the fact that the authorities concerned, upon receipt of representations from citizens, are required to examine the same and pass appropriate orders in accordance with law. This Court is often inundated with petitions seeking a writ in the nature of mandamus only on account of inaction on the part of statutory authorities in considering representations. The case on hand also reflects a degree of administrative inaction. The petitioner having submitted a representation is entitled to seek a direction for its consideration. However, whether such representation deserves acceptance or rejection is a matter which falls within the exclusive domain of the - 6 - HC-KAR NC: 2026:KHC:14692 WP No. 34409 of 2025 competent authorities. It is open for the authorities to examine all relevant aspects, including the question as to whether the claim is stale and whether the petitioner is entitled to any relief under the applicable provisions of law. 5. In view of the above, this Court deems it appropriate to dispose of the petition with a limited direction. ORDER i. The writ petition is disposed of. ii. Respondent No.2 is directed to place the representation submitted by the petitioner before Respondent No.3/Competent Committee for consideration. iii. Upon such placement, Respondent No.3/Committee shall examine the - 7 - HC-KAR NC: 2026:KHC:14692 WP No. 34409 of 2025 petitioner’s request and pass appropriate orders in accordance with law, strictly keeping in view the provisions of the Indian Forest Act, 1927 and other applicable regulations. iv. While considering the petitioner’s request, it is open to the Committee to examine all relevant aspects, including the issue of delay and laches and the maintainability of the petitioner’s claim. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 9